Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698941525713.pdf (Uganda)
THE PARLIAMENT OF UGANDA Parliament House, P. O.

Box 7178, Kampala, Uganda.

Telephonc: 04 14-3'7 7 00013'7 7 l8O/3'7 7 l8l /3'71 182 F acsimile: 0414-342364 Plot Nos.

16 -18 Parliament Avcnuc.

ln any correspondenc€ on this subject please quote No.

...,.

MP.895 20th December, 2018 Cr.

iRK To p4 Right Honorable Speaker of Parliament, Parliament of Uganda, KAMPAIA.

t) a RE: NOTICE OF MOTION 0l JAN 20ig RECE I\,,ED ;:rlll ( o Reference is made to the above mentioned subject.

Rt.
Rt.

Honorable Speaker, I intend to move a Motion seeking Leave of parliament to introduce a Private Member's Bill titled "The Anti-Slavery Bill, 2018,, Notice is hereby given in accordance with Rule 55 of the Rules of Procedure of Parliament and I therefore request for space on the Order paper to move the same.

The Motion is hereto attached for your ease of reference.

o Yours Sincerel Herbert Edmund Ariko, MP SOROTI MUNICIPALITY i It il ,!
DEc ?01$ l'.,r rr,l a1 tr ll Cc Right Honorable Deputy Speaker of Parliament Clerk to Parliament MOTION SEEKING LEAVE OF PARLIAMENT TO INTRODUCE A PRIVATE MEMBER'S BILL ENTITLED II THE ANTI.SLAVERY BILL,aOI8" (Afiaued ander Artirhs 79 and 94 af the Cannitu on 0f th€ ReP,4blic 0f Ugdnda, 1995 and Rab 1 20 and 1 21 of tbe Rales of Proudare o.f Parlianent aJUganda) $/HEREAS article 79 of the Constitutton of the Republic of Uganda, 1995 empowers Parliament to make laws on any matter for the peace, order, development and good governance of Uganda; AND WHEREAS Parliament enacted it's Rules of Procedure pursuant to article 94(1) of the Constitution and clause 4 (b) of article 94 and Rules 120 bestowrng upon a Member of Patliament the right to move a Private Member's Bill; AWARE THAT the Constitution of thc Republic of Uganda under objective X of the National Objectives and Ditective Principles of State Policy sets out the State's duq, to take all necessary steps to involve people in the formulation and implementation of development plans and programmes which affect them; FURTHER AWARE THAT atticle 25 of the Constitution imposes a prohibition on Slavery, Servitude and Forced labor; RECOGNISING THAT Uganda is a signatory to a number of international Iegal insttuments, such as the Convention to SuPpress thc Slave Trade and Slavery, The Universal Declaration of Human Rights, the United Nations Convention against Transnational Organized Crime and Convention on the Rights of the Child of 1989, which prohibit slavery in all its forms; FURTHER RECOGNISING THAI currendy in Uganda, the legislation deaLing with slavery, including the Constitution of the Republic of Uganda, 1995, the Penal code Act cap 120 and the Prevention ofTtaffrcking in Persons Act,2009 all consider the raditional forms of slavery, being, the buying and selling of human beings and do not deal with the modcm forms of slavery that are prevalent today; CONCERNED THAT the world has seen an upsurge in the occurrcnce of the modetn forms of slavcry including tie sale
 of children, child prostitution, child pornography, the exploitation of child labour, the sexual mutilation of female children, the use of children in armcd conflicts, debt bondage, o o Page l of 2 the trafficking in persons and in the sale of human organs, the exploitation of prostitution, and cettain practices under apartheid and colonial t6gimes; FURTHER CONCERNED THAT the 2017 trafficking in persons report declared Uganda as a soutce, transit, and destination country for men, women, and children subjected to forced labor and sex traffickin[J, ranking Uganda in'Tier 2", being a country whose government does not fully comply with the minimum standards of eliminating trafficking in persons and other modern forms of slavery; NOTING THAT the 2077 Ttafficking in Persons Report found that Ugandan migrant wotkets are subjected to forced labor and sex trafficking in United Arab Emirates pAE), Saudi Arabia, Oman, Qatar, Kuwait, Iraq, Iran, Egypt, Turkev, Jordan and Algeria and despite the government's complete ban in 2016 on Ugandans'tavel abroad for domestic work, some licensed and unlicensed agencies circumvented this ban by sending Ugandans through Kenya and Tanzania; FURTHER NOTING THAT unless stringent measures are introduced to specifrcally ban the modern forms of slavery, Ugandan citizens will continue to subjectcd to the modern forms of slavery; NOW THEREFORE be it resolved that: This Ilouse gtants me leave to introduce a Private Members'Bill, for an Act of Parliament tided THE ANTI-SLAVERY BILL,2018" a draft of which is hereto attached and do order the publicatron of the said Bill in prepatation for its first reading.
I beg to move MOYEDBY: HON.

HERBERT EDMUNDARIKO, MP o o SECONDED BY: Soroti Municipality { \t-^^ HON.

AGNES KUNIHIRA, MP Worker's Representativc HON.
HENRYMAURICE KIBALYA, MP Bugabula County, South Page 2 of 2 THE ANTI-SLAVERY BILL, 2018 MEMORANDUM Object of the Bill The object of the Bill is to repeal the Prevention of Trafficking in Persons Act, 2009, to make provision for the prohibition of slavery, servitude, forced or compulsory labour, forced marriage, sexual exploitation and debt bondage as free standing offences; to provide for the protection of victims of slavery, servitude, compulsory or forced labour and debt bondage; to provide for the compensation of victims of offences under this Act; to provide for the repatriation o of victims of offences under this Act.
Defects with Current Legislation Whereas Parliament enacted the Prevention of Trafficking in Persons Act in 2009, this Act only dealt with the offence of trafficking in persons and the prevention of the vice of trafficking in persons and did not make provision for offences that fall within the broad dehnition of slavery offences.

It should be noted that trafficking in persons is a facet and forms part of the offences that constitute modern day slavery offences.
o Although modern day slavery offences generally deal with the holding of a person as a slave, they also extend to the exploitation and complete control ofa person by another person as espoused under the United Nations Convention against Transnational Organized Crime and the Protocol to Prevent, Suppress and Punish Traffrcking in Persons, Especially Women and Children.
Therefore, by the Prevention of Trafficking in Persons Act only making provision for the offence of trafficking in persons, it meant that the other practices of slavery, servitude, forced or compulsory labour, forced marriage, sexual exploitation, trade in human organs and debt bondage are not prohibited and are not punishable in 1, Uganda except where they are committed as part of the offence of trafficking in persons.
Furthermore, currently in Uganda, the legislation including the Constitution of the Republic of Uganda, 1995, the Penal Code Act Cap 120 and the Prevention of Trafficking in Persons Act, 2009 all consider the traditional forms of slavery, being, the buying and selling of human beings and does not deal with the modern forms of slavery that are prevalent today such as the holding of a person as a slave as well as the offence of slavery, servitude, forced or compulsory labour, forced marriage, sexual exploitation, trade in human organs and debt bondage that are prevalent today; The limited scope of the Prevention of Trafficking in Persons Act meant that the Act did not address the aspects of trafficking in Uganda that pass off as legitimate business such as the externalization of Ugandan labour.
This was made worse by the definition attached to the offence of trafficking in persons which only punishes persons who recruit, transport, transfer, harbour for the purpose of engaging that person in prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude, death bondage, forced or arranged marriage.
This leaves out persons who don't use force but are not truthful to the terms of service of a person once he or she leaves Uganda or where the original intention of the trafficker is not for purposes of exploitation but results in the exploitation of the trafficked person.
The Prevention of Trafficking in Persons Act further does not punish persons who actually carry out the exploitation of the traffrcked person, by way of engaging that person in prostitution, pornography, sexual exploitation, forced labour, slavery, involuntary servitude, death bondage, forced or arranged marriage but only punish persons who recruit, transport, transfer or harbour a person for purposes of exploitation.
This means that persons who actually do 2 O o these acts against the trafficked persons are not punished yet these offences are some of the most heinous offences that are banned under international law.

The failure to criminalise and punish such behaviour leaves a gap in the enforcement of the Prevention of Traflicking in Persons Act.
Lastly, the involuntariness that is punished under the Prevention of Trafiicking in Persons Act is at the point of being trafficked from Uganda or any part of Uganda and doesn't punish or create offences against a person being forced or required to perform work involuntarily at the destination.

This also represents a gap in the Act that affects the efficacy of the Prevention of Trafficking in Persons o Act.
Remedies proposed by the Bill The Bill therefore seeks to- (a) create standing offences of slavery, senritude, forced or compulsory labour, forced marriage, sexual exploitation, smuggling of persons and debt bondage; (b) provide a working definition of trafhcking in persons that takes into account the voluntary movement of individuals in circumstances that may result in their exploitation; a (c) expand the application of the offences to all persons existing within the territorial jurisdiction of Uganda irrespective of their citizenship status including refugees and other non- citizens; (d) provide for witness protection to victims of offences under this Act; Herbert Edmund Ariko, MP Sorotl Munlclpalitg THE ANTI-SLAVERY BILL, 2018 ARRANGMENT OF CLAUSES PART 1- PRELIMINARY Ctauses 1 .
Application 2.

Interpretation.

PART II - OFFENCES Trafficktng ln persons 3.

Offence of trafficking in persons.

4.

Trafficking of persons by recruitment agencies 5.

Aggravated trafficking in persons.

6.

Trafficking in children 7.

Promoting Traflicking in Persons.

Slauery and seraltud.e 8.

Prohibition of slavery and servitude 9.

Prohibition of trade in human beings O , Forced or compulsor!

labour 10.

Prohibition of forced or compulsory labour I 1 .


Aggravated forced or compulsory labour Snuggling of persons 12.

Prohibition of smuggling of persons 4 Forced Marriage 10.

Prohibition of forced marriages Sexual exploitation 1 1 .

Offense of sexual exploitation Bonded labour or debt bond.age 12.

Offence ofbonded labour or debt bondage Remoaal ofbodg parts 13.

Unlawful removal of body parts 14.

Voluntary movement out of Uganda a PART III .

PROTECTION OF VICTIMS OF OFFENCES UNDER THIS ACT 15. t6.

17.
17.

18.

19.

Non Discrimination of Victims Protection, Assistance and Support for Victims of offences Victim's right to information Confidentiality.

Victim impact report 20.

Repatriation of Victims of offences under this Act.

o PART TV.

SPECIAL PROVISIONS ON RECRUITERS, RECRUITMENT AGENCIES AND TRANSPORTERS 21 .

Duty to return Ugandan citizens 22.

Prohibition of deceptive transportation or recruitment 23.

Duty to monitor working conditions and terms of service 24.
Burden of proof in offences committed by recruiters and transporters 5 PARTV.

ORDERSTHAT MAY BE MADE COURT 25.

Restitution 26.

Compensation 27.

Additional orders by court 28.

Orders against government 29.

Orders of Court to be a civil debt 30.

Payment of remuneration 31.

Death or absence of victim from jurisdiction 32.

Production order 33.

Confiscation order PART VI .

MISCELLANEOUS 34.

Enforcement of this Act 35.

Offences committed by a corporate body 36.

Witness protection 37.


Engaging the labour or services of a victim of an offence 38.

Ministerial prevention order 39.

Consent to offences under this Act 40.

Prosecution of persons in absentia 41.

Limitation of Cap 72 42.

Failure to disclose previous conviction 43.

Jurisdiction.

44.

Extradition.

45.

Repeal and savings 46.

Supremacy of this Act 47 .

Regulations.
SCHEDULES Schedule Currency Points 6 t A'3 A BILL for an ACT ENTITLED THE ANTI- SLAVERY BILL,2018 I I An Act to repeal the Prevention of Trafficking in Persons Act, 2009, to make provision for the prohibition of slavery, servitude, forced or compulsory labour, forced marriage, sexual exploitation and debt bondage as free standing offences; to provide for the protection of victims of slavery, servitude, compuisory or forced labour and debt bondage; to provide for the compensation of victims of offences under this Act; to provide for the repatriation of victims of offences under this Act; and for related matters BE IT ENACTED by Parliament as follows: PART 1- PRELIMINARY 1.
Application (1) This Act shall apply to offences wholly or partly committed in Uganda.
(2) Without limiting the general effect of subsection (l), this Act shall apply to offences committed within or outside the territorial jurisdiction of Uganda where- (a) the offence is committed by a citizen of Uganda or person ordinarily resident in Uganda; (b) the victim is a citizen of Uganda or a citizen of any other country who was, at the time of commission of the offence, resident or living within Uganda's territorial jurisdiction; (c) the offence is committed by a person in association or with the connivance ofa Ugandan citizen, a person or entity- 7 (i) operating in Uganda; (ii) registered or organized under the laws of Uganda; or (iii) resident in Uganda; (d) the offence is committed an embassy or other diplomatic or consular premises of Uganda or any other country; (e) the offence is committed by a person in possession of travel or identity documents issued by the Government of Uganda; (0 by a person or agent of a person in possession of a labour recruitment iicense issued by the Government of Uganda; or (g) by a stateless person who has his or her habitual residence in Uganda.
1.

Interpretation.
In this Act, unless the context otherwise requires- "Abuse of a position of vulnerabiii!/' means such abuse that the person believes he or she has no reasonable alternative but to submit to the labour or serrrices demanded of the person, and includes but is not limited to- (a) taking advantage of the vulnerabilities resulting from the person having entered the country illegally or without proper documentation, (b) any physical or mental disease or disability of the person, including addiction to the use of any substance, (c) reduced capacity to form judgments by virtue of being a child; or (d) a person's precarious situation from the standpoint of social survival" "Child" means a person below the age of 18 years; 8 I I "Debt bondage or bondage labour" means the status or condition arising from a pledge by the debtor of his or her personal services or labour or those of a person under his or her control as security or payment for a debt or claimed to be owed, where- (a) the length and nature of services is not clearly defined or limited; (b) the value of the services as reasonably assessed is not applied towards the liquidation of the debt or purported debt; or (c) the debt owed or claimed to be owed is manifestly excessive; "Currency point" has the value specified in the Schedule to this Act; "Department" means the Department of Traflicking in Persons established in the Ministry of Internal Affairs; "exploitation" includes sexual exploitation, forced marriage, child marriage, forced labour, harmful child iabour, use of a child in armed conflict, use of a person in illega-l activities, debt bondage, slavery or practices similar to slavery or servitude, human sacrifice, the removal of body parts for sale or for purposes of witchcraft, harmful rituals or practices and sexual exploitation; "Forced labour" means all work or services which is exacted from any person under the threat ofany penalty or for which the said person has not offered him or herself voluntarily.
Forced marriage" means- (a) the contracting of a marriage without the free will and consent of a party to the marriage; (b) a marriage arising from the application of a custom or practice where- t I 9 (i) a person without the right to refuse is promised or given in marriage on payment of a consideration in money or in kind to any person or group of persons; (ii) a person's spouse, family, clan has the right to transfer him or her to another person for value received or otherwise; or (iii) a spouse, on the death of her husband or wife is forced or required without his or her consent to be inherited by another person; I I "Gazetle" means the Uganda Gazette, and includes any supplement of that Gazette; "human sacrifice" means the killing, mutilation, removal of organs or body parts of a person for sale or for the purpose of witchcraft, rituals, or any harmful human practices; "imprisonment for life" means imprisonment for the natural life of an offender; "marriage" means a traditional, religious or civil ceremony of marriage recognized under the laws of Uganda.
"Minister" means the Minister in charge of Internal Affairs; "person" means natura-l or artificial persons; "prostitution" has the meaning assigned to it under the Penal Code Act, Cap 120 "public office" means an office in the public service; "public officer" means a person holding or acting in any public office; "public service' means service in a civil capacity of government or local government; 10 "pornography" has the meaning assigned to it under the Anti-Pornography Act, 2014; "Serfdom" mean the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person, whether for reward or not, and is not free to change his or her status; 'Servitude" means a condition of dependency in which the labor or services of a person are provided or obtained by threats of serious harm to that person or another person, or through any scheme, plan or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm t "recruitment agency'' or recruitment agent" means a person, natural or legal, duly licensed by the Government to recruit and deploy Ugandan migrant workers for employment abroad and includes a recruiter; "recruitment and placement" means any act of canvassing, contracting, transporting, utilising, hiring, or procuring workers, and referrals, contract services, promising or advertising for migrants employment, whether for profit or not; t "sex tourism' means a program organized by travel and tourism- related establishments or individuals, which consists of tourism packages or activities, utilizing and offering escort and sexual services and practices offered for any persons as part of work recreation; "sexual exploitation" means the- (a) the use of a person in prostitution, sex tourism, pornography, the production of pornographic materials, or the use of a person for 11 sexual intercourse or other prohibited conduct within the provisions of any written law in Uganda; (b) obtaining of Iinancial or other benefrts through the involvement of another person in prostitution, sexual servitude or other kinds of sexual services, including pornographic acts or the production of pornographic materials, prostitution, sex tourism, pornography, the production of pornographic materials, or the use of a person for sexual intercourse or other prohibited conduct contrary to the provisions of any written law in Uganda; $ I "Slave' means a person who is held in bondage whose life, liberty and freedom are under absolute control of someone else."
"Slave4/' means the status or condition of a person over whom any or a1l the powers attaching to the right of ownership are exercised to the extent that the person is treated like property; "slave trade" includes all acts involved in the capture, acquisition or disposal of a person with the view of selling or exchanging him or her and with the intention of reducing him or her to slavery; "traflicking in persons" means the recruitment, transportation, transfer, harbouring or receipt of persons, by meals of the threat or use of force or other forms of coercion, of abduction, fraud, of deception, of the abuse of power or of a position of wulnerability or of the giving or receiving of pa5rments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation or that results in the exploitation of such a person; "transporter" includes a person whose business is to transport people or luggage by any means including by road, air, rail or water.
12 "travel or identity document" means a passport, identity document or any other document issued by a government to facilitate the movement of individuals across international boundaries; "Victim" means a person directly or indirectly affected by the commission of the offence or omission of a lawful duty prescribed under this Act; "Victim of traf{icking", means any natural person who has been subject to traflicking in persons, or court or any other competent authority has designated to be a victim of trafficking in persons, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted.
PART II .

OFFENCES Trafficking in persons 2.

Offence of traflicking in persons.
(l) A person who- (a) recruits, transports, transfers, harbours or receives a person; (b) by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; (c) for the purpose of exploitation or in circumstances that results in the exploitation of a person; commits an offence and is liable on conviction to imprisonment for fifteen years.
(2) The consent of the victim, a parent or person having legal or actual 13 s t control of a child victim of trafficking to the intended exploitation or to the circumstances that results in the exploitation shall not be a defense to a charge under this Act.

3.
Trafficking of persons by recruitment agencies (1) Notwithstanding sections 3, a recruitment agency commits the offence of trafficking of persons were it or its agent recruits, transports, transfers, harbours or receives a person,- (a) by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person; (b) without a recruitment license, permit or any other authorization required by law; (c) knowing or having reason to believe that the person will be exploited; (d) and permits the person to be put into work where conditions are contrary to human dignity; or (e) in circumstances that result in the exploitation of a person.
(2) A recruitment agency that contravenes subsection (1) shall be liable to imprisonment for life.

4.

Aggravated trafficking in persons.
(1) A person commits the offence of aggravated trafficking in persons where- (a) the victim of trafficking is a child; (b) adoption, guardianship, fostering and other orders in relation to children are obtained for the purpose of exploitation or in l4 I a circumstances that results in the exploitation of the child; (c) the offence results in the injury or death of the victim, including death as a result of suicide; (d) the offence exposed the victim to a life-threatening illness, including HIV/AIDS; (e) the victim is physically or mentally handicapped or becomes a person of unsound mind; (f) the offence involves more than one victim; (g) the crime was committed as part of the activity of an organized criminal group; (h) the offender is an organization engaged in the activities of organizing, directing or protecting the vulnerable persons in society; (i) the offence is committed by a ciose relative or a person having the parental care, authority or control over the victim or any other person; f) the offence is committed by a public officer; (k) the offence is committed by military personnel or law enforcement officer; (1) the offence involves the buying, selling, vending, bringing from or sending to, receiving, detaining or confining of a person for purposes of harmful rituals or practices, human sacrilice, removal of any body part or organ; (m) the victim suffers mutilation.
(2) A person who commits any of the acts referred to in subsection (1) is liable on conviction to imprisonment for 1ife.

15 I ) 5.
Traflicking in children A person who- (a) does any act referred to under Section 4 in relation to a child; (b) uses a child in any armed conflict; (c) removes any part, organ or tissue from the body of a child for purposes of human sacrifice; (d) smuggles a child; (e) uses a child in the commission of a crime; (0 abandons a child outside the country; (g) uses a child or any body part of a child in witchcraft, rituals and related practices; commits an offence and is liable to imprisonment for life.

6.
6.

Promoting Tralficking in Persons.
Any person who- t (a) knowingly leases or subleases, uses or allows to be used any house, building or establishment for the purpose of expioitation; (b) produces, prints, issues or distributes, any document or information of any Government agency, which relates to immigration, for purposes of trafficking; o (c) tampers with, or falsifies any government or government agency's document or information relating to the immigration regulations or requirements (d) utters or aids any person to utter any false document relating to immigration for the purpose of facilitating that person's entry or stay in Uganda, or exit from the country; (e) gives or facilitates the giving of false information to any authority for the 16 purpose of enabling the entry, stay in Uganda, or exit from the country of any person; (f) advertises, publishes, prints, broadcasts, distributes or causes the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technolory and the internet of any material intended or likely to facilitate trafficking in persons; commits an offence and is liable on conviction to imprisonment for ten years or a fine not exceeding one hundred and twenty currency points.
Sla oery qnd Sentitude 7, Prohibition of slavery and servitude (1) A person shall not hold another person in slavery or servitude.
(2) A person commits an offence where- (a) that person holds another person in slavery or servitude and the circumstances are that such a person knows or ought to know that the other person is held in slavery or servitude; (b) the person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is offering labour against his or her free will; (c) such a person kidnaps or abducts another person in order to subject that person to siavery or servitude; (d) such a person has the right to possess, manage, receive or decide who receives the income and capital derived from the victim, to hold a victim as security and the right to transmit interest in the victim; (e) such a person unlawfully restricts the victim's- (i) freedom of movement, 17 I a (ii) communication with his/her family, including correspondence and telephone conversation, (iii) association with others, including cultural isolation.
(f) confiscates, conceals or destroys a passport, travel document or other personal document or belonging of a person for the purpose of- (i) unlawfully denying that person the freedom of movement or access to any public services; (ii) holding such a person in slavery and servitude; or (iii) performing forced or compulsory labour.
(3) In determining whether a person is being held in slavery or servitude or required to perform forced or compulsory labour, regard may be had to whether the victim- (a) is, with or without his or her consent, sold or exchanged as if he or she were property; (b) is unlawfully owned or controlled by another person; (c) is paid for provision of his or her labour; (d) is paid and if the palment is commensurate with the labour offered; or (e) remuneration is paid to another person instead of the victim.
(a)The consent of the victim, the parent or person having legal or actual control ofa child victim shall not be a defense to a charge under this Act.

(5)A person who contravenes subsection (f) shall on conviction be liable to imprisonment for life.

I ) 18 8.
Prohibition of trade in human beings (1) It shall be an offence for a person to- (a) convey or attempt to convey slaves from one country to another by whatever means of transport, or ofbeing accessory thereto; (b) capture, acquire, sale or dispose of a person with the view of reducing him or her to slavery; or (c) hold, convey, transport a person with the intention of selling, exchanging, disposing of such a person as a slave; (2) A person who contravenes subsection (1) shall on conviction be liabie to imprisonment for life.
9, Prohibition of forced or compulsory labour Forced or compulsory labour (1) A person commits the offence of forced or compulsory labour where- (a) that person unlawfully or by use of force, threats or by consent elicited by means of fraud or deception makes a person to provide any labour or services; (b) the person providing the labour or service not offered himself or herself voluntarily; (c) that person causes or threatens to cause serious harm to any person or the person providing the labour or services; (d) that person physically restrains or threatens to physically restrain any person or the person providing the labour or services; (e) that person abuses or threatens to abuse the law or legal process for the purpose of having that person remain or provide labour or services; (f) that person knowingly conliscates, conceals or destroys a passport, travel document or other personal document or 19 I a belonging of a person for the purpose of having that person remain or provide labour or services; (g) the conditions of providing the labour or services are that the person providing the labour or service is not free to cease providing labour or services or is not free to leave the place or area where the person provides labour or services; (h) that persons uses blackmail for purposes of having a person provide labour or services; (i) that person causes or threatens to cause financial harm to any person or using frnancial control over any person for purposes of having a person provide labour or services; or " [) that person uses any scheme, plan, or pattern intended to cause any person to believe that, if the person did not perform such labour or services, that person or another person would suffer serious harm or physical restraint.
(2) A person who commits the offence of forced or compulsory labour shall on conviction be liable to imprisonment for fifteen years.

lO.
Aggravated forced or compulsory labour (1) A person commits the offence of aggravated forced or compulsory labour where- (a) the victim of the offence is a child; (b) the offence results in the injury or death of the victim or another person, including death as a result of suicide; (c) the victim is physically or mentally handicapped or becomes a person of unsound mind; (d) the offence involves more than one victim; (e) the crime was committed as part of the activity of an organized 20 I o criminal group; (f) the offence is committed by a close relative or a person having parental responsibility, authority or control over the victim or any other person; (g) the offence is committed by a public officer; or (h) the offence is committed by military personnel or law enforcement officer.
(2) A person who commits any of the acts referred to in subsection (1) is liable on conviction to imprisonment for life.

Smuggllng of persons 11.

Prohibition of smuggling of persons (1)A person who in order to directly or indirectly obtain a financial or other material benelit, procures the illegal entry of a person into a State of which the person is not a national or a permanent resident commits the offence of smuggling of persons and is liable on conviction to imprisonment for fifteen years.
(2) Notwithstanding subsection (1), a person who commits the offence of people smuggling in the circumstances prescribed in subsection (3) commits an offence and is liable on conviction to imprisonment for life.

(3) The circumstances referred to in subsection (2) are where- (a) the victim of the offence is a child; (b) the victim dies; and (c) the victim is smuggled for purpose of exploitation or in circumstances that results in the exploitation of the victim.
(4) In this section,- (a) "Illegal entr5/' means crossing borders without complying with the necessary requirements for lega1 entry into the receiving State; 21 , ) (b) "Fraudulent travel or identity document" means any travel or identity document that- (i) has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document on behalf of a State; (ii) has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or (iii) is being used by a person other than the rightful holder.
Forced Manlage 12.

Prohibition of forced marriages (l) A person who does an act or mission with the intention of engaging, soliciting, aiding, abetting or otherwise facilitating the procurement of a marriage against the free will and conserlt of one or any of the parties to the marriage commits an offence and is liable on conviction to imprisonment for ten years.
(2) Notwithstanding subsection (f ), where the victim of the offence is a person incapable of giving consent to a marriage, the offender shall be liable on conviction to imprisoned for fifteen years.

13, Offense of sexual exploitation Sexual exploitation A person who does an act or mission with the intention of engaging, solicitlng, aiding, abetting or otherwise facilitating the sexual exploitation of another person commits an offence and is liable to imprisonment for fifteen years.
22 I t Bond.ed labour or debt bondage 14.
Offence ofbonded labour or debt bondage (1) It shal be an offence for a person to- (a) engage or compel another person or any member of the family of that person or any dependent of such person to render labour or services as bonded labour; (b) to enter into any agreement, instrument, contract or undertaking with another person or any member of the family of that person or any dependent of such person, the purpose or effect of which is to engage or compel that person to render labour or services as bonded labour; (c) enforce a custom, tradition, contract, agreement or other instrument, by virtue of which another person or any member of the family of that person or any dependent of such person is required to render any service as bonded labour; and (d) to employ or offer employment to another person with intent to engage such person in bonded labour or debt bondage.
(2) A person who contravenes subsection (1) commits an offence and is liable to imprisonment for ten years.
I , 15, Unlawful removal of body parts Remoual of bodg parts (1)A person commits an offence where such a person removes any body part of another person- (a) unlawfully; or 23 (b) without the consent of the victim or with consent, if that consent is obtained by fraud, deception or misrepresentation as to the nature or effect of the procedure being carried out; and (2) A person who contravenes subsection (1) shall on conviction be 1iable to imprisonment for fifteen years.

16.
16.

Voluntary movement out of Uganda A person who, with intent to facilitate his or her own trafficking, Ieaves the geographical jurisdiction of Uganda and enters any country commits an offence and is liable on conviction to imprisonment for ten years.

PART III- PROTECTION OF VICTIMS OF OFFENCES UNDER THIS ACT 17.
(1) (21 Non Discrimination of Victims A victim of an offence under this Act shall be rendered protection, assistance and support without discrimination on the basis of race, religion, belief, age, family status, culture, language, nationality or gender.

Any person who applies the measures for protection, assistance and support of victims in a discriminatory manner commits an offence and is liable to a fine of frve hundred currency points or imprisonment for six months- 18.
Protection, Assistance and Support for Victims of offences (l) A victim ofan offence under this Act shall not be penalized for any conduct committed as a direct result of his or her being held in circumstances constituting an offence under this Act.

(2) A victim ofan offence under this Act shall be assisted to enable his or her views and concerns to be presented and considered at the appropriate stages of the proceedings.
24 t a (3) The institution of a criminal charge arising from acts of trafficking in persons shall not affect the rights of a victim to pursue a civil case for damages.

(4) A person instituting proceedings under this section shall be exempted from payment of any filing fees required under civil procedure laws.
(5) A victim of an offence under this Act will be accorded the available health and social services, medical care, counseling and psychological assistance, on a confidential basis and with full respect of his/her privacy, in a language she/ he understands.

(6) A victim of an offence under this Act shall be considered for provision of safe and appropriate accommodation and material assistance, where necessary and possible.
(7) Public officers and any other person involved in the detection, investigation, prosecution or trial of offences under this Act sha1l whenever necessary, refer victims to appropriate organizations and institutions for assistance and support.

(8) The protection, assistance and support to children shall be provided in accordance with their special needs, especially with regard to accommodation, education and care.
(9) A victim of an offence under this Act shall be entitled to information on the nature of protection, assistance and support he or she is entitled to and the possibilities of assistance and support.

(10) The protection, assistance and support subscribed in this section shall be provided by Government and other agencies.
l9.Victim's right to lnformation From a victim's first contact with the justice process and throughout that process, the victim shall have the right to be informed about the- )q I a (a) degree and nature of the available benefits and services, the possibilities of assistance by non-governmental organizations and other victim agencies, and the way such assistance can be obtained; (b) different stages, the role and position of the victim in court and administrative proceedings ; (c) available iegal services and the possibility of accessing such services; (d) availability of protection for victims and witnesses; (e) right to privacy and confidentiality; (f) right to be kept informed about the status and progress of the criminal proceedings if any; (g) legal remedies available, including restitution and compensation in civil and criminal proceedings; (h) possibilities of temporary and f or permanent residence status, including the possibilities to apply for asylum or residence on humanitarian and compassionate grounds.
2O.

Conlidentiality.

(1) At any stage of the investigation or trial ofan offence under this Act, law enforcement oflicers, prosecutors, judicial officers and medical practitioners, as well as parties to the case, shall recognize the right to privacy of the victim of trafficking.
(2) A person who, by means of printed material, announcement or production publishes or causes to be published the names, personal circumstances or any other information tending to establish the identity of a victim under this Act without authority and consent of the victim, commits an offence and is liable to a fine of two hundred and fifty currency points.
26 I t 21, Victim impact report (1)The prosecution in criminal proceedings relating to a tria,l of an offence under this Act, shall carry out a victim impact assessment to determine the impact ofthe offence on the victim or any other person.
(2) The victim impact report shall ta,ke into account- (a) the condition of the victim before and after the commission of the offence; (b) the nature of the harm the victim faced; (c) whether the victim faces any long term physical or psychological trauma necessitating the provision of long term medical care; (d) whether the victim can recover and return to norma-l life and be integrated into normal society life; and (e) Any other information as may be required by statutory instrument.
(3) A criminal impact report shall be adduce in evidence and shall be used for purposes of seeking the imposition by the Court of an appropriate sentence, that relates to the extent of the harm suffered by the victim.

22.

Repatriation of Victims of offences under this Act.

(1) (2t (3) The Minister in cooperation with the appropriate government agencies shall be responsible for the facilitation of repatriation of yictims of offences to and from Uganda.
Where the repatriation of a Ugandan victim is likely to expose the victim to greater risks or to compromise his or her safety, the Minister may through the relevant office negotiate with the host government for the extension of appropriate residency permits, work permits and maintenance as may be necessary to protect the victim.
Where the repatriation of a foreign victim is likely to expose the victim to greater risks, to compromise his or her safety, or where presence of the 27 I t victim is necessary for court proceedings, the Minister may facilitate the extension of appropriate residency permits, work permits and maintenance as may be necessary to protect, assist and support the victim.
(a) On getting notice of a victim of trafficking in persons in a foreign country, the minister shall veri$r whether the victim is a citizen or a permanent resident of Uganda and sha1l; where a victim is proved to be a Ugandan or a permanent resident without proper documentation, issue the relevant documents and other relevant authorization to facilitate the repatriation ofthe victim to or from Uganda.
(5) The Minister may order a person or organisation which recruited, transported, or transferred a Ugandan citizen from Uganda to make arrangements that are satisfactory to the Minister for the return of Ugandan citizens.

PART IV - SPECIAL PROVISIONS ON RECRUITERS, RECRUITMENT AGENCIES AND TRANSPORTERS 23.
Duty to return Ugandan citizens (1) It shall be the duty of a person who recruits, transports or facilitates the transportation of a Ugandan citizen out of Uganda in reckless or in circumstances that result in that person becoming a victim of an offence under this Act to return that person to Uganda.

(2) A transporter shall ensure that a person it is transporting is not being tralficked or likely to be a victim of an offence under this Act.
(3)A transporter who has reason to believe that a person it is transporting is or is likely to be a victim of an offence under this Act, shall refuse to transport such person and inform or hand over such person to authorities.

I a ?8 (4) A person who contravenes this section commits an offence and is liable on conviction to imprisonment for five years or a fine not exceeding two thousand currency points.

24.
24.

Prohibition of deceptive transportation or recruitment (1) A person who recruits or transports another person by deception commits an offence.
(2) A person shall be taken to have recn:ited or transported another person by deception where the transporter, recruiter, its agent, its employees or any other person on behalf of the transporter or recruiter engages in conduct with the intention of inducing another person to enter into an engagement to be transported or to provide labour or services and the conduct causes a person to be deceived about- (a) the destination to which he or she will be taken; (b) the extent to which the person will be free to return or be returned; (c) the extent to which the person will be free to leave the place or area where he or she will be providing the labour or services; (d) the extent to which the person will be free to cease providing the labour or services; (e) the extent to which the person will be free to leave his or her place of residence; or (f) if there is or will be a debt owed or claimed to be owed by any person in connection with the engagement or its quantum; (g) the fact that the engagement will involve- (i) involveexploitation, (ii) the confiscation of the victim's travel or identity documents; (iii) the provision of sexual services; or 29 t I (h) the real nature of the work he or she will provide as well as other working conditions.
(3) A person who contravenes subsection (1) commits an offence and shall on conviction be liable to imprisonment for lifteen years.

25.
25.

Duty to monitor working conditions and terms of senrice (1) A person who recruits or facilitates the recruitment of a person for purposes of providing labour or services in any part of Uganda or abroad shall monitor the working conditions and terms of service of the person for purposes of ensuring that that person is not providing labour or services in violation of the provisions of this Act.
(2) The person referred to in subsection (1) shall every three calendar months submit to the Minister and the Minister responsible for labour a monitoring report for every person it has recruited which.
(3) The monitoring report referred to in subsection (2) shal1 include- (a) the name of the person; (b) the country in which the person is employed; (c) the name and address of the employer; (d) the conditions of employment at the time of monitoring; (e) a recommendation as to any remedial action to be taken by the Minister or the person submitting the report; (f) any other information that may be prescribed by regulations.
(4) Where the person finds, during monitoring, that the provisions of this Act have been or are likely to be infringed upon, that person shall- (a) immediately notify the Minister; (b) take any action as it deems fit for purposes of ensuring compliance with the provisions of this Act.

a t 30 (5) The Minister may upon receipt of the notification referred to in subsection (4) (a) direct the recruiter to take any action and report to the Minister on the action taken.
(6) It shail be an offence for a person to- (a) contravene a provision of this section; (b) refuse or neglect to comply with lawful orders issued by the Minister; (c) submit false information to the Minister; or (d) refuse or neglect to submit a monitoring report to the Minister within the time prescribed in subsection (2).
a (7) A person who commits an offence prescribed in subsection (6) shall be liable on conviction to imprisonment for five years or a fine not exceeding two thousand currency points or both.
26.Burden ofproofin offences committed by recrulters and transporters Notwithstanding the evidence Act Cap 6, where a recruitment agency or its employee, owner, shareholder or any other person in a position of authority in the recruitment agency, is charged with an offence under this Act, the burden of proof shall at all times remain with the recruitment agency or such employee, owner, shareholder any other person in a position of authority in the recruitment agency.
PART V - ORDERS THAT MAY BE MADE COURT t 27.
Restitution (1) Where a person is convicted of an offence under this Act, the court shall in addition to any other punishment, order that person to pay restitution to the victim or other person or organization which may have incurred expenses on the victim's behalf for- 31 (a) costs of medical and psychological treatment; (b)costs of physical and occupational therapy and rehabilitation; (c) costs of necessary transportation, temporary housing and child care; (d) costs of re-integration in society; and (e) any other costs that the court may deem fit.
(2) The failure by the prosecution or any other person to apply for restitution shall not be a bar to a grant of restitution by court, save that where court does not order for restitution, the presiding officer shall give reasons for that decision.
23.Compensation (1) Where a person is convicted of an offence under this Act, the court may in addition to any other punishment order that person to pay compensation to the victim or any other person for- (a) physical injury; (b) emotional distress; (c) pain and suffering; (d) loss or damage; (e) any other injury that court may deem fit.
(2) The failure by the prosecution or any other person to apply for compensation shall not be a bar to a grant of compensation by court save that where court does not order for compensation, the presiding officer shall give reasons for that decision.

29.

Additional orders by court (1) Court may in addition to the orders referred to in sections 25 and 26, order for the - 32 I a (a) rehabilitation of the victim including the provision of medical and psychological care.
(b) satisfaction of the victim, which shall include- (i) verification of the facts and full public disclosure of the truth to the extent that such disclosure does not cause further harm or threaten the safety and interests of the victim, the victim's relatives, witnesses, or persons who have intervened to assist the yictim or prevent the occurrence of further violations; restoring the dignity, reputation and the rights of the victim and of persons closely connected with the victim; (iii) public apologr, including acknowledgement of the facts (ii) and acceptance of responsibility; (iv) criminal and other judicial and administrative sanctions against persons liable for the violations; and (v) guarantees of non-repetition.
3O.

Orders against government Court may in addition to any person order Government to pay compensation to a victim or any person where- (a) an employee of Government- (i) was responsible for the action leading to the commission of the offence, (ii) did not fulfill a statutory obligation imposed on him or her under this Act or any other law to the victim; (b) Government failed or did not fulfrll a statutory obligation under this law or any other law towards the victim.
33 O o 3l.Orders of Court to be a civil debt Restitution, compensation, rehabilitation or any pa)T nent ordered by the court under this part shall be a civil debt and shall be enforced without undue regard to technicalities.

32.

Payment of remuneration (1) Court shall determine and order for the payment of remuneration to the victim that the victim would have received had he or she been paid for the provision of his or her labour or service.
(2) The remuneration ordered in subsection (1) shall carry interest at court rate from the date the first obligation to pay remuneration arose.
33,Death or absence of victim from jurisdiction The death or failure of a victim to return to Uganda or other absence of the victim from the jurisdiction of a court in Uganda shall not- (a) prevent the prosecution of any person for offences under this Act; (b) prejudice the victim or any claimantt right to receive restitution, compensation or any other such orders as provided under this part.

34.
34.

Production order (1) A person who has reason to believe that a Ugandan citizen or any other person ordinarily resident in Uganda being in or outside the territorial jurisdiction of Uganda is- (a) a victim of an offence under this Act; (b) being held against his or her will in circumstances that would otherwise constitute an offence under this Act; o t 34 (c) providing labour or services in circumstances prohibited under this Act, may apply to Court for the production of such a person before Court.
(2) Court shall upon receipt of the application referred to in subsection (1) make any such inquiry as it deems frt and where it is satisfied, order the production of such a person before court.

(3) The person against whom the order is directed to by court shall take ail necessary arrangements at its own expenses for purposes of producing the person as required by court.
(4) Where a person cannot be produced before Court, the person to whom the order is made shall report to court, indicating the reasons for the failure and court shall make any orders as it deems fit.

(5) A person shall comply with the orders under this section within thirty days or such additional time as court may direct.
(6) Where a person is produced before court as directed in subsection (2), court may examine the circumstances of that person including whether any offence was committed against such a person.

(7) Where court makes a frnding to the effect that the person before Court or any other person has been a victim ofan offence under this Act, court shall direct the Directorate of Public Prosecution to take action as empowered under this Act.
(8) The court referred to in subsection (1) is- (a) In case of a person suspected or believed to be in Uganda, a magistrate court presided over by a magistrate; and (b) In case ofa person believed to be outside the territorial jurisdiction of Uganda, the High Court.

o t 35 35.

Confiscation order (1) Where court finds a person guilty of an offence under this Act, it may make a confiscation order against such a person for the recovery of all or any ofthe property owned by that person.
(2) In making a confiscation order, court shall have regard to whether the convicted person has- (a) a criminal lifestyle; (b) benelited from its general criminal conduct; or (c) benefited from the particular criminal conduct that led to its conviction.
(3) Where court makes an order under subsection (2), it shall order as follows- (a) in case of paragraphs (a) and (b), direct the confiscation of all the property ofthe convicted person; and (b) in case of paragraphs (a) and (c), direct the convicted person to pay a specified amount representing the amount such person derived from the conduct that led to the conviction.
(a) The confiscation order made under subsection (3) (a) shall upon being issued, freeze all the property falling within the order from being transferred or dealt in by any person.

(5) The confiscation order shall be enforced by the Attorney General within three months from the date of its issue and the Attorney General shall file with Court, an inventory of the property confiscated and how it has been disposed of in compliance with the order.
(6) The proceeds of crime accruing from the order sha,ll be applied as follows- 36 a o (a) the payment of any compensation ordered by Court; (b) the payment of costs to Government for prosecuting the convicted person; (c) any balance shall be deposited in the consolidated fund.
(7) Where the proceeds and properties derived from the offence have been destroyed, diminished in value or otherwise rendered worthless by an act or omission, directly or indirectly of the offender, or it has been concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or confiscation, the offender shall be ordered to pay the amount equal to the value ofthe proceeds or property.
(8) Alt awards of damages and costs of proceedings under this Act shall be paid directly by the offender, and where the offender fails to pay, the same shall be recovered like a civil debt.

PARTVI - MISCELLANEOUS 36.

Enforcement of this Act (1)The Department of Trafficking in Persons established in the Ministry of Internal Affairs sha1l coordinate, monitor and oversee the implementation of this Act.
(2) In addition to the functions as may be prescribed by any law, the Department shall perform the following functions- (a) advise the Minister on the implementation of this Act; (b) make reports on any matter concerning the implementation of this Act to the Minister; (c) undertaking and supporting the carrying out of research on matters regulated under this Act; (d) undertaking training and education of the public and any other person on matters prescribed under this Act; and 37 o t (e) advise on the prosecution of offences under this Act; (3)The Minister shall periodically undertake a review of this Act and report to Parliament on its effectiveness.
37.
Offences committed by a corporate body Where an offence prescribed under this Act is committed by a corporate body, court may- (a) hold a shareholder, director, employee, manager, officer or any other principle officer or person in authority in the entity to be responsible for the actions of the entity and therefore liable for the offence committed and punishable as provided in this Act; or (b) in addition to any penalty stipulated in the relevant provision - (i) impose a penalty not exceeding five thousand currency points on each count; (ii) order for the cancellation of the registration of the entity as a corporate body; or (iii)suspend the trading license or any license issued under any law applicable in Uganda.
o 38.

Witness protection o For purposes of securing the ends ofjustice, Court or the Minister may place a person under witness protection program for the duration as may be determined by court or the Minister.

39.

Engaging the labour or senrices of a victim ofan offence A person who knowingly or has reason to believe that a person is a victim of an offence under this Act but engages the labour or services of such a victim, commits an offence and is liable on conviction to imprisonment for ten years.
4O, Ministerial prevention order (1)The Minister may issue an order preventing a person or group of persons from leaving the territorial jurisdiction of Uganda for purposes of engaging in emplo5rment abroad; (2) The prevention order referred to in subsection (1) shall only be issued where the Minister is satislied or has reason to believe that- (a) the group or person against whom the order is made is likely to be a victim ofan offence under this Act; or (b) the person or group of persons are at risk of being a victim of an offence under this Act; (3)The prevention order issued by the Minister in subsection (1) shall be published in the gazette and shall be for a duration of one year or any such less period as may be determined by the Minister.
(4)The prevention order may, on application bythe person or group ofpersons subject to the order, be reviewed by the Minister on satisfaction that adequate measures have been put in place to ensure that the provisions of this Act will not be infringed.

4l,Consent to offences under this Act The consent of a victim to any of the acts prohibited under this Act shall not constitute a defense to a criminal charge under this Act.

42.
42.

Prosecution of persons in absentia Subject to Article 28 of the Constitution, nothing in this Act shall prevent a person from being prosecuted and convicted in absentia.

o o 39 43.

Limitation of Cap 72 (1) The civil procedure and Limitation (Miscellaneous provisions) Act, Cap 72 shall not apply to proceedings instituted under this Act.
(2) Notwithstanding subsection (1), court may allow an action to be brought after the expiry ofthe period prescribed under any law where it is satisfied that the victim of the offence was unable, for any justifiable reasons, to bring such action within the time prescribed under that law.
o 44 Failure to disclose previous conviction (1) A person who, having been convicted of any offence under this Act, fails to disclose that conviction- (a) when applyrng for employment which places him or her in a position of authority or care of children; or (b) when offering or agreeing to take care ofor supervise children; commits an offence and is liable on conviction to a fine, not exceeding one thousand currency points or to a term of imprisonment not exceeding three years or both.
(2) It shall not be a defense to a charge under this section that the person referred to in subsection (1) was not asked about his or her previous criminal record.

o 45.

Jurisdiction.

(1) A case under this Act shall be tried where the offence was committed, or where any of its elements occurred, or where the victim of slavery or trafficking actually resided at the time of the commission of the offence.
(2) Notwithstanding subsection (1), where the offence is committed outside Uganda, the case shall be tried as may be determined by the Director of Public Prosecutions.

40 46.

Extradition.

(1) A person charged with an offence under this Act shall be liable to extradition under the existing extradition laws.
(2) Notwithstanding any law to the contrary, none of the offences prescribed by this Act shall be regarded for the purposes of extradition or mutual Iegal assistance, as a political offence or as an offence inspired by political motives.

o o 47.

Repeal and savings (1) The Prevention of Trafficking in Persons Act, 2O09 is repealed.

(2) Notwithstanding subsection (1), the proceedings commenced under the Prevention of Trafficking in Persons Act shall continue as fi the same where instituted under this Act.
48.

Supremacy of this Act (1) This Act shall take precedent over all other Acts as far as the subject matter of this Act is concerned.

(2) Subject to the Constitution, a provision in any Act which makes reference to any matter governed under this Act shall be interpreted as required under this Act.

49.

Regulations.

The Minister may by statutory instrument make regulations to effect implementation of the provisions of this Act, and promote its objects.

41,